In the Court of Public Opinion: Judicial Supremacy v. The Rule of Law
This is a brief reply to the review of my monograph, Transnational Networks and Elite Self-Empowerment: The Making of the Judiciary in Contemporary Europe and Beyond (OUP 2019) by LSE Human Rights Prof. Conor Gearty, Vice-President of the British Academy. I am grateful to Prof. Gearty for reviewing my monograph at such length. I am replying here in hopes that the exchange may advance our understanding of outstanding questions about Judiciary institutional design (and designers)—a topic that receives insufficient attention. This is a summary of my full reply to Gearty, which is accessible here. Gearty and other critics are invited to rebut my challenges to the legitimacy and desirability of the judicialisation of politics. First, I will try to summarise …
Who is Afraid of Supreme Court Justice Brett Kavanaugh?
President Donald Trump’s nomination of Brett Kavanaugh to the US Supreme Court has unsurprisingly been greeted by delight from the Right and despair from the Left. The chance to remake the image of the Supreme Court for decades to come with the nomination of a relatively young and reliably conservative justice is dreaded by some and celebrated by others. The significance of Kavanaugh’s – virtually guaranteed – confirmation to the Supreme Court is compounded by the fact that he would replace justice Anthony Kennedy. Kennedy has long been the decisive “swing vote,” who sometimes siding with the four conservative justices and sometimes with the four liberal justices. Being the deciding vote on many cases, Justice Kennedy played an outsized role in …
What Mubarak’s acquittal means for Egypt
On 13 March 2017, the legal saga of the trial of Hosni Mubarak ended. The deposed autocrat, who was convicted and sentenced to life in prison for his complicity in the killing of hundreds of demonstrators and embezzlement on a grander scale, was acquitted by Egypt’s Court of Cassation and freed from his detention. “The trial of the century”, as Egyptians have dubbed Mubarak’s prosecution, began soon after millions of Arabs took to the streets all over the Middle East, and it was concluded against the backdrop of the deep frustration of most from the results of the Arab Spring. This legal ordeal is but one prominent manifestation of the decisive role that the legal system played during the struggle …